S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   353

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on Environmental Conservation

AN ACT to authorize an easement on a portion of real property within the
  Boutwell Hill state  forest  in  the  county  of  Chautauqua  for  the
  location   of   electric  collection  or  distribution  facilities  in
  connection with a wind powered electric generation project located  in
  the towns of Charlotte and/or Cherry Creek

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. A proposed wind generation project,  in
the  county of Chautauqua in the towns of Charlotte and/or Cherry Creek,
could potentially generate up to 200 megawatts of clean renewable  elec-
tricity  from wind power with minimal impact on the environment compared
with other electric generation sources. To maximize  the  production  of
electricity  from  such  wind  power  project, an electric collection or
distribution line would need to pass through a portion of real  property
immediately  adjacent  to  or  within  the right of ways of public roads
running through the Boutwell Hill state forest.  The  legislature  finds
that  it  will serve a useful public purpose to authorize the department
of environmental conservation to execute an easement agreement for  real
property  within  the  Boutwell Hill state forest for such collection or
distribution line  and  appropriate  access,  in  the  event  that  such
collection  or distribution line proposed to be located on such easement
lands is certified pursuant to article 7 or 10  of  the  public  service
law.
  S  2. Notwithstanding the provisions of section 9-0501 of the environ-
mental conservation law and the provisions of the public lands law,  the
department of environmental conservation is authorized to grant an ease-
ment  for  an  electric collection or distribution line on real property
within the Boutwell Hill state forest, which meets the following  condi-
tions:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00622-01-5

A. 353                              2

  (a)  The  easement  is for an electric collection or distribution line
which is part of a wind powered electric generation project  located  in
the towns of Charlotte and/or Cherry Creek.
  (b) The easement is for a portion of property within the Boutwell Hill
state  forest  owned by the state and managed by the department of envi-
ronmental conservation. The collection or  distribution  line  shall  be
located  within  50  feet of the center line of the road corridor within
the state forest and, should a portion of the line not be located  along
a  road corridor, the corridor for such line shall not exceed 50 feet in
width and 1500 feet in length across Boutwell Hill state forest.  In  no
event shall the location of the electric collection or distribution line
require  the  cutting of trees greater than 50 feet from such collection
or distribution line placed in or adjacent to such roads or 25 feet from
the center line of any corridor which is not adjacent to a road.
  (c) The easement will be conveyed by the department  of  environmental
conservation  and take effect only in the event a collection or distrib-
ution line proposed to be located on such easement  lands  is  certified
and  approved  as  part  of  a wind powered electric generation facility
pursuant to article 7 and/or 10 of the public service law.
  (d) The easement shall terminate  when  the  associated  wind  powered
electric  generation project ceases to operate for an extended period of
time as set forth in the easement and the easement shall then revert  to
the state to be managed by the department of environmental conservation.
Prior to reversion, any collection or distribution lines and any infras-
tructure  related thereto shall be removed by the entity controlling the
lines.
  S 3. (a) In entering into the easement described  in  section  two  of
this  act, the department of environmental conservation is authorized to
grant such easement without bid and for  such  reasonable  consideration
that  such  department  deems  proper, upon application by an authorized
officer or employee of the entity proposing  the  wind-powered  electric
generation project described in section two hereof.
  (b) Prior to executing the easement, an authorized officer or employee
of  the  entity  applying  to  propose a transmission or collection line
route through the Boutwell Hill state forest as part of  an  application
pursuant  to  article 7 or 10 of the public service law, shall provide a
survey of the easement and appraisal thereon to the department of  envi-
ronmental conservation and shall prepare the easement, subject to review
and approval by the department.
  (c)  The  grant  of the easement is conditioned on compliance with the
environmental, health, safety and alternative reviews and subject to the
provisions of article 7 and/or 10 of the public service law.
  S 4. The applicant for the easement shall be responsible for the prep-
aration, filing and recording of all required easement maps  or  surveys
and  related easement documents. The department of environmental conser-
vation shall cause any maps or surveys and related easement documents to
be filed in the regional office of such department wherein the  Boutwell
Hill  state  forest  is  located  and  such  additional locations as the
department deems appropriate. Such  maps  and  easement  shall  also  be
recorded by the applicant with the office of general services.
  S  5.  This act shall constitute sufficient proof of land control with
respect to proposed easement routes for  a  collection  or  distribution
line  through the Boutwell Hill state forest for the purposes of compli-
ance with the application requirements of  articles  7  and  10  of  the
public service law, and any associated regulations.
  S 6. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 353--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on Environmental Conservation -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to authorize an easement on a portion of real property within the
  Boutwell  Hill  state  forest  in  the  county  of  Chautauqua for the
  location  of  electric  collection  or  distribution   facilities   in
  connection  with a wind powered electric generation project located in
  the towns of Charlotte and/or Cherry Creek

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative intent. A proposed wind generation project, in
the county of Chautauqua in the towns of Charlotte and/or Cherry  Creek,
could  potentially generate up to 200 megawatts of clean renewable elec-
tricity from wind power with minimal impact on the environment  compared
with  other  electric  generation sources. To maximize the production of
electricity from such wind power  project,  an  electric  collection  or
distribution  line would need to pass through a portion of real property
immediately adjacent to or within the right  of  ways  of  public  roads
running  through  the  Boutwell Hill state forest. The legislature finds
that it will serve a useful public purpose to authorize  the  department
of  environmental conservation to execute an easement agreement for real
property within the Boutwell Hill state forest for  such  collection  or
distribution  line  and  appropriate  access,  in  the  event  that such
collection or distribution line proposed to be located on such  easement
lands  is  certified  pursuant  to article 7 or 10 of the public service
law.
  S 2. Notwithstanding the provisions of section 9-0501 of the  environ-
mental  conservation law and the provisions of the public lands law, the
department of environmental conservation is authorized to grant an ease-
ment for an electric collection or distribution line  on  real  property

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00622-02-5

A. 353--A                           2

within  the Boutwell Hill state forest, which meets the following condi-
tions:
  (a)  The  easement  is for an electric collection or distribution line
which is part of a wind powered electric generation project  located  in
the towns of Charlotte and/or Cherry Creek.
  (b) The easement is for a portion of property within the Boutwell Hill
state  forest  owned by the state and managed by the department of envi-
ronmental conservation. The collection or  distribution  line  shall  be
located  within  50  feet of the center line of the road corridor within
the state forest and, should a portion of the line not be located  along
a  road corridor, the corridor for such line shall not exceed 50 feet in
width and 1500 feet in length across Boutwell Hill state forest.  In  no
event shall the location of the electric collection or distribution line
require  the  cutting of trees greater than 50 feet from such collection
or distribution line placed in or adjacent to such roads or 25 feet from
the center line of any corridor which is not adjacent to a road.
  (c) The easement will be conveyed by the department  of  environmental
conservation  and take effect only in the event a collection or distrib-
ution line proposed to be located on such easement  lands  is  certified
and  approved  as  part  of  a wind powered electric generation facility
pursuant to article 7 and/or 10 of the public service law.
  (d) The easement shall terminate  when  the  associated  wind  powered
electric  generation project ceases to operate for an extended period of
time as set forth in the easement and the easement shall then revert  to
the state to be managed by the department of environmental conservation.
Prior to reversion, any collection or distribution lines and any infras-
tructure  related thereto shall be removed by the entity controlling the
lines.
  S 3. (a) In entering into the easement described  in  section  two  of
this  act, the department of environmental conservation is authorized to
grant such easement without bid and for  such  reasonable  consideration
that  such  department  deems  proper, upon application by an authorized
officer or employee of the entity proposing  the  wind-powered  electric
generation  project described in section two hereof.  Reasonable consid-
eration shall take the form of the conveyance of  an  interest  in  real
property  to  the state or restorations or improvement to state lands in
region 9 of the  department  of  environmental  conservation.    Special
consideration shall be given to projects listed in the regional priority
conservation  projects  list  in  region  9 as part of this state's open
space conservation plan. The total payment shall not exceed the value of
the easement to be conveyed by the state  plus  twenty  percent  of  the
value of such easement.
  (b) Prior to executing the easement, an authorized officer or employee
of  the  entity  applying  to  propose a transmission or collection line
route through the Boutwell Hill state forest as part of  an  application
pursuant  to  article 7 or 10 of the public service law, shall provide a
survey of the easement and appraisal thereon to the department of  envi-
ronmental conservation and shall prepare the easement, subject to review
and approval by the department.
  (c) The grant of the easement is conditioned on, first, the conveyance
of  the  exchange  parcel to this state, and second, compliance with the
environmental, health, safety and alternative reviews and subject to the
provisions of article 7 and/or 10 of the public service law.
  (d) Any entity cutting forest growth on this easement shall pay a  tax
pursuant to subdivision 5 of section 480  of the real property tax law.

A. 353--A                           3

  S 4. The applicant for the easement shall be responsible for the prep-
aration,  filing  and recording of all required easement maps or surveys
and related easement documents. The department of environmental  conser-
vation shall cause any maps or surveys and related easement documents to
be  filed in the regional office of such department wherein the Boutwell
Hill state forest is  located  and  such  additional  locations  as  the
department  deems  appropriate.  Such  maps  and  easement shall also be
recorded by the applicant with the office of general services.
  S 5. This act shall constitute sufficient proof of land  control  with
respect  to  proposed  easement  routes for a collection or distribution
line through the Boutwell Hill state forest for the purposes of  compli-
ance  with  the  application  requirements  of  articles 7 and 10 of the
public service law, and any associated regulations.
  S 6. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 353--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. RYAN -- read once and referred to the Committee
  on Environmental Conservation -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as amended and recommitted to said committee

AN ACT to authorize an easement on a portion of real property within the
  Boutwell  Hill  state  forest  in  the  county  of  Chautauqua for the
  location  of  electric  collection  or  distribution   facilities   in
  connection  with a wind powered electric generation project located in
  the towns of Charlotte and/or Cherry  Creek;  and  providing  for  the
  repeal of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding the contrary provisions of  section  9-0501
of the environmental conservation law and the contrary provisions of the
public  lands  law,  the  department  of  environmental  conservation is
authorized to grant an easement for an electric collection  or  distrib-
ution line on real property within the Boutwell Hill state forest, which
meets the following conditions:
  (a)  The  easement  is for an electric collection or distribution line
which is part of a wind powered electric generation project  located  in
the towns of Charlotte and/or Cherry Creek.
  (b) The easement is for a portion of property within the Boutwell Hill
state  forest  owned by the state and managed by the department of envi-
ronmental conservation. The collection or  distribution  line  shall  be
located within 50 feet of the center line of Housington Road, Mill Creek
Road, Boutwell Hill Road and East Road corridors within the state forest
for   a total distance of no more than 1.4 miles.  In no event shall the
location of the electric collection or  distribution  line  require  the
cutting  of  trees greater than 50 feet from such collection or distrib-
ution line placed in or adjacent to such roads.
  (c) The easement will be conveyed by the department  of  environmental
conservation  and take effect only in the event a collection or distrib-
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00622-10-5

A. 353--B                           2

ution line proposed to be located on such easement  lands  is  certified
and  approved  as  part  of  a wind powered electric generation facility
pursuant to articles 7 and 10 of the public service law.
  (d)  The  easement  shall  terminate  when the associated wind powered
electric generation project ceases to operate for 18 months as set forth
in the easement and the easement shall then revert to the  state  to  be
managed  by  the  department  of environmental conservation state forest
land.
  S 2. (a) In entering into the easement described  in  section  one  of
this  act, the department of environmental conservation is authorized to
grant such easement for fair market value, upon application by  Everpow-
er.    An amount, not less than fair market value plus twenty percent of
the value of the easement shall be used to obtain an  interest  in  real
property  for open space purposes in region 9 of the department of envi-
ronmental conservation from the regional priority conservation  projects
list  in  region 9 as part of this state's open space conservation plan.
The total payment shall not be less than the value of the easement to be
conveyed by the state plus twenty percent of the value of such easement.
  (b) The description of the easement to be conveyed contained  by  this
act  is not intended to be a legal description, but is intended to iden-
tify the easement to be conveyed.
  (c) The grant of the easement is conditioned on, first,  the  acquisi-
tion  of  the  exchange  parcel  by  the  state, and second, issuance of
certificates of environmental compatibility and public need pursuant  to
the provisions of articles 7 and 10 of the public service law.
  (d)  Compensation for the stumpage value for trees to be felled by the
entity shall be used for the same purpose as in subdivision (a) of  this
section with the felled trees to become the property of Everpower. Stum-
page  value is to be determined by a department of environmental conser-
vation forester based on the most  recent  department  of  environmental
conservation stumpage price report at the time the trees are felled.
  S  3.  The  commissioner  of  environmental conservation may prescribe
additional terms for such exchange of real property. Such contract shall
not become binding upon the state until  approved  by  the  state  comp-
troller. Title to the land to the people of the state of New York pursu-
ant to the provisions of such contract shall be approved by the attorney
general, and the deed to the state shall be approved by him or her as to
form and manner of execution and recordability before such deed shall be
accepted on behalf of the state. Notwithstanding the contrary provisions
of  the  public  lands  law,  the conveyance of the state-owned easement
pursuant to such contract shall be  without  reservation  or  exception,
except  as  provided  for  in  such  contract. Upon certification by the
commissioner of environmental conservation to the commissioner of gener-
al services of a copy of the contract, and certification that  Everpower
has  complied  with  all terms and conditions of the contract upon their
part to be kept and performed, together with a description of any of the
easements to be exchanged, conveyed  and/or  payments  to  be  made  the
commissioner  of general services shall convey the easement described in
section one of this  act  in  accordance  with  the  provisions  of  the
contract.
  S  4.  This act shall take effect immediately, and shall expire and be
deemed repealed five years after such date;  provided,  however,  should
the  easement  be  granted within the 5 years, the terms of the easement
will establish the end date of the easement. At such time the land  will
revert back to the state of New York for state forest purposes.